United States v. Jesse Ramirez

MEMORANDUM

Jesse Ramirez appeals from the district court’s judgment and challenges the 30-month sentence imposed following his jury-trial conviction for conspiracy to transport an illegal alien for profit, in violation of 8 U.S.C. § 1324 (a)(l)(A)(v)(I), (a)(l)(A)(ii), and (a)(l)(B)(i); and transportation of an illegal alien while placing in jeopardy the life of any person, in violation of 8 U.S.C. § 1324 (a)(l)(A)(ii) and (a)(l)(B)(iii). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Ramirez contends that the district court erred in imposing an enhancement under U.S.S.G. § 2Ll.l(b)(6) because his conduct was insufficiently dangerous to trigger that enhancement. The district court did not err because the record reflects that Ramirez’s means of travel “exaeerbate[d] the likelihood of an accident.” United States v. Torres-Flores, 502 F.3d 885, 890 (9th Cir.2007).

Ramirez also urges that the district court should have applied an enhancement under U.S.S.G. § 3C1.2 instead of section 2Ll.l(b)(6), or that the interaction between these two enhancements is so ambiguous that the rule of lenity favors applying section 3C1.2. Because the Guidelines’ application notes…